Brand Terms of Use

Brands in general

Brands are listed in Lolly by Brands, Users and/or Businesses.

Brands can be created by any User but can only be accessed and managed by Admins.

Only Users who are authorised by their employer and/or Operator to act as Admin for a Brand can register and use Lolly as an Admin for a Brand.

Brands are individual brand names, product names or service names.

Brand Profiles are created on a per Market basis.

Brands agree for Users to be classified as Customers of a Brand where applicable.

Brands grant the Operator a transferable and royalty-free right to use any Media or Content for online and off-line advertising of Lolly and/or the Operator.

All purchase and sale agreements between Users and Businesses and/or Brands, whether resulting from Lolly or not, are solely between Businesses and/or Brands, acting as sellers, and Users, acting as buyers.

Brands agree that Promotions are shown on the Brands’ and Businesses’ profiles on Lolly to attract Customers, if the Brand has Promotions running.

Users act as Admins for a Brand

Brands do not have separate logins or signups to Lolly.

All access to Brands is managed with Users’ personal login details, ensuring that every action taken by an Admin on behalf of a Brand can be traced back to the User personally.

Only registered Users can act as an Admin for a Brand. 

Users can act as Admin for multiple Brands.

Brands can have multiple authorised Admins.

Users may elect or be prompted to register as an Admin for a Brand to enable features on Lolly.

Registration and usage are free for any User acting as an Admin for a Brand.

Users acting as an Admin for a Brand, whether as an employee, an agent or a consultant are subject to the Terms of Use in addition to the Brand Terms of Use set out herein.

Authorisation

Registration of Users as Admin for a Brand is subject to verification and/or authorisation by other Admins for the Brand and/or the Operator.

Users requesting Admin status for Brands on Lolly and must additionally confirm their authorisation by completing the follow steps and requests for information:

• Confirmation of acceptance to these Brand Terms of Use
• Confirmation of the User’s name
• Confirmation of the User’s relationship with the Brand (employee, agent, consultant, etc.)
• Confirmation of the User’s title
• Confirmation of the User’s authorised spending limited
• Confirmation of a declaration of authorisation with fraud warnings.

If a Brand already has multiple Admins the Admins can set up additional verification and confirmation for new Admins for the Brand, including individual verification.

Admins can via Lolly invite additional pre-approved Admins to the Brand.

Admins confirm they will request their own removal from a Brand if the User loses the authorisation from the Brand, either by change of responsibility, request from the Brand or by loss of contract or employment.

Existing Admins can approve or deny access to new Users seeking authorisation to act as Admin for a Brand.

 

Know Your Customer and Anti-Money Laundering Check Requirement

The Operator uses Sum and Substance Ltd, a leading third-party system and service, (“Sumsub”, sumsub.com) to undertake Know Your Customer (“KYC”), Anti-Money Laundering (“AML”), Politically Exposed Person (“PEP”), and fraud checks on all Users requesting Admin status.

Brands without Admins

Brands listed in Lolly have been created by Users.

Brands can choose not to have any employees, agents or consultants manage the Brand on Lolly.

Lolly will not reveal to Customers if Brands and their Customers on Lolly been left unattended due to no Admin being registered.

Lolly and Operator staff and/or consultants will monitor Brands without Admins on Lolly for any misuse on a basic and voluntary basis and without accepting any liability for the actions of Users and Customers.

The Operator reserves the right to link Brands without Admins to affiliate programs operated by Brands or Businesses associated with the Brands.

Registration as Admin is free.

Free Interactions

Subject to authorisation by their employer, Admins can act on behalf of a Brand to perform free interactions on Lolly, including but not limited to managing the Brand profile, Points-of-Sale, Tags, Brand Tags, Media, Contact and/or Content (collectively “Free Interactions”).

Admins warrant and accept full responsibility that all such information will not be libellous, profane or untrue.

Admins warrant and accept full responsibility that all submitted information, images and videos are either owned by the Brand, or that the Brand has the right of use.

The Operator reserves the right to reward the Brand and/or the Admin for Free Interactions.

Paid Interactions

Subject to authorisation by their employer, Admins can act on behalf of a Brand to perform paid interactions on Lolly, including but not limited to Onboarding, Subscriptions, managing Promotions and Pages (collectively “Paid Interactions”),

All Paid Interactions are booked by Lolly by Admins using Purchase Orders through our systems or brand account managers accessible to Admins.

For the avoidance of doubt, all Paid Interactions are paid for in arrears, after delivery of the service.

Admins warrant and accept full responsibility that all such information will not be libellous, profane or untrue.

Admins warrant and accept full responsibility that all submitted information, images and videos are either owned by the Brand, or that the Brand has the right of use.

The Operator reserves the right to reward the Brand and/or the Admin for Paid Interactions.

The Operator reserves the right to link Brands without Paid Interactions to affiliate programs operated by Brands or Businesses associated with the Brands.

Subscriptions

“Subscriptions” are a direct opt-in favouriting of a Brand by Customers, either directly or via membership of Pages.

Customers create a Subscription relationship with the Brand by pressing the heart icon.

Subscriptions establish a direct relationship for the Brand with Customers – and for Customers with the Brand. This relationship is not only with the Brand profile but with all Points-of-Sale of the Brand (i.e with every online and offline reseller), within search, search engines, in advertising, by enabling mobile notifications from Brand to Customer, and on the Customer’s personal newsfeed.

Customers’ personal data are not disclosed to the Brand and are GDPR compliant.

Brand onboarding

“Onboarding” is an optional service offered by the Operator where the Operator sets up the Brand for active Brand Client Profile management and Paid Interactions.

Billing

“Purchase Orders” are purchase orders made by Brands on Lolly for Interactions, Subscriptions and Onboarding.

Purchase orders can be made by Admins subject to their authorisation level only.

Purchase Orders are delivered by the Operator until the Purchase Order has been fulfilled.

The Operator will invoice the Brand every 14 days for the delivered part of Purchase Orders in arrears.

Each invoice will include the ability to automatically reduce the payable amount by using Lolly Advance tokens. Th Operator will then issue the Brand a credit note for the savings after receipt of payment, subject to payment being made within 7 days.

For the avoidance of doubt, any Purchase Orders or parts therefore ordered but not yet delivered will be carried forward and invoiced when delivered only.

Additional terms

These Brand Terms of Use incorporate:

• Definitions
• Privacy Policy
• Site Rules
• DMCA Notice
• Lolly Cookie Policy

The Operator accepts no responsibility for the information on Lolly being correct.

The Operator accepts no liability for any damages that may be caused by the use of Lolly or its contents or by data or files sent and received howsoever arising. Users are themselves responsible for checking all data sent or received via the Internet for viruses and malware, including web addresses provided.

The Operator is not a party to any contract between the buyer and seller. The Operator accepts no responsibility for checking that Businesses exist or able to provide the Tags or Brands listed. The Operator has no responsibility and no liability for any direct or indirect problems arising in connection with the provision of Tags or Brands.

The Operator reserves the right to temporarily or permanently suspend or cancel any account, including Brands, in the event of wrongdoing. Users whose accounts have been suspended or cancelled can no longer access Lolly.

The Operator reserves the right to temporarily or permanently suspend or cancel any Brands or Admins, in the event of wrongdoing or non-payment. Brands or Admins whose accounts have been suspended or cancelled can no longer run any Promotions on Lolly.

These Brand Terms of Use are construed under the laws of England and Wales and the parties agreed to the sole jurisdiction of London, England.

You and the Operator agree that the English language version of these Brand Terms of Use shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.

Any action by Brands against the Operator must be brought in the Brand’s individual capacity and may not be brought as a class action or any form of collective action.

Brands agree to defend, indemnify, and hold the Operator, its parents, subsidiaries, affiliates, and their respective officers and employees, harmless from and against any claim, demand or damage including legal fees asserted by any third-party due to or arising out of:

• any violation of applicable laws, regulations or these Brand Terms of Use by you or anyone accessing Lolly through your User and/or Admin access, with or without your permission
• the use of Lolly by you or anyone accessing Lolly through your User and/or Admin access, with or without your permission
• any negligent acts, errors or omissions by you or anyone accessing Lolly through your User and/or Admin access, with or without your permission
• any injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with these Brand Terms of Use, except to the extent that such liabilities arise from the gross negligence or wilful misconduct of
• any and all claims for infringement of any intellectual property rights arising from the use of Lolly by you or anyone accessing Lolly through your User and/or Admin access, with or without your permission

If any provision in these Brand Terms of Use is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from the Brand Terms of Use and rendered ineffective as far as possible without modifying the remaining provisions of the Brand Terms of Use and shall not in any way affect any other circumstances of or the validity or enforcement of the Brand Terms of Use.

The Operator reserves the right to amend these Brand Terms of Use at any time. The latest Brand Terms of Use are available in Lolly.

Admins and Brands agree to the latest Brand Terms of Use by using Lolly after the date of any amendment of these Brand Terms of Use.

This document was last updated 27 June 2023.